Advance Parole Question

K

kenny1982

Registered Users (C)
Hi I have been reading around the forum and I just want to make sure that I understand completely. I am a US citizen and my wife is a H1-B holder. We are going through the whole AOS process. She has received her EAD and AP and they are both approved. Our initial interview is going to be next Tuesday in NY. However, me and my wife plans on traveling out of the country in October. Because she is on H1B and have an approve Advance Parole, how can she leave and reenter the US. Does she still have both option? Meaning, can she use both the H1B and AP. I am very confuse on how this work. My wife is concern that because we are going through the AOS change and because she has the AP at the same time as being on an H1B, that if she travel with AP it will void her H1B and vice versa. Is that true? What is the best option for her in order for her to travel outside the US? Also, let say she got her visa stamp with the conditional greencard next tuesday.....will she even need the AP or H1B to travel outside the US? Any help on this is highly appreciated. Thanks!
 
If her residency is approved at the interview next week. You do not need to worry about either one. Her GC is all she will ever need.

If her residency is not approved (pending namecheck) then, she can use H1B to travel (if it is stamped and she has maintained her status, or the AP. Either one will be fine.
 
Is she still working for the same employer she obtained H-1 to work for?
Has she used her EAD to fork for anybody else since her last entry to US?
Has she worked illegally?
 
She has not used the EAD yet. She is currently still using her H1B status. She switch employer in the middle of the application process, however her H1B was transferred to the new employer. A couple of weeks later, her EAD came in but she has not used it nor have she worked illegally.
 
Then when entering uS she has both statuses - H-1 and pending for AOS, provided she shows both H-1 visa and AP to the officer at the border.
 
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